HITESHBHAI MANUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with an F.I.R. being C.R.No.I- 59 of 2017 registered with Kapodra Police Station, Surat, for the offences punishable under Sections 302, 307 and 114 of Indian Penal Code and Section 135 of Gujarat Police Act.

(2.) Heard the learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that as per the allegation against the applicant, motorcycles of the the deceased and the accused persons including the present applicant were collided each other and thereafter, the accused persons and the present applicant made assault with knife upon the deceased. Learned advocate further submits that the applicant is an innocent person and he has been falsely implicated in the alleged offences. Learned advocate further submits that the trial is likely consumed long period as there are about 44 witnesses. Present application has given single blow on thigh of the deceased. It is submitted that there was no intention to kill the deceased as the unfortunate incident has taken place after both the vehicles were collided with each other. It is further stated that charge-sheet is already filed and, therefore, now there is no chance of tampering with the evidence. The applicant was released on temporary twice as his mother is suffering from cancer. It is stated that on completion of temporary bail period, he surrendered before the Jail Authority and has not committed any breach of conditions or misused the liberty in any manner. The applicant is young boy aged about 20 years, having roots in Surat District and he is having responsibilities towards his family and and his presence can be secured during the course of trial and will not flee from justice, therefore, the applicant may be enlarged on regular bail by imposing suitable conditions.